Case: Ilick v. Miller

3:94-00314 | U.S. District Court for the District of Nevada

Filed Date: May 15, 1994

Closed Date: 2000

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Case Summary

On 5/15/1994, inmates at Ely State Prison, represented by the ACLU National Prison Project, filed a Section 1983 class action suit in the District of Nevada, against officials of the Nevada Department of Prisons. Plaintiffs claimed that Defendants deliberately subjected them to injury and risk of injury from a ""shoot to injure"" policy enforced in non-threatening situations. Plaintiffs also complained of inadequate medical and mental health care, denial of meaningful access to the court, and…

On 5/15/1994, inmates at Ely State Prison, represented by the ACLU National Prison Project, filed a Section 1983 class action suit in the District of Nevada, against officials of the Nevada Department of Prisons. Plaintiffs claimed that Defendants deliberately subjected them to injury and risk of injury from a ""shoot to injure"" policy enforced in non-threatening situations. Plaintiffs also complained of inadequate medical and mental health care, denial of meaningful access to the court, and visitation hardships.

Following protracted discovery, the parties filed a joint stipulation dismissing all of the plaintiffs' claims except those regarding mental health care and the use of live ammunition at the prison. Following expert evaluations and efforts by defendants to address plaintiffs' concerns, plaintiffs moved for voluntary dismissal without prejudice in July 1997. Limited litigation regarding attorney's fees continued until 1999. The case was dismissed in February 2000.

Summary Authors

Eoghan Keenan (6/10/2005)

People


Judge(s)

Haden, Charles Harold II (West Virginia)

Attorney for Plaintiff

Evans, Donald Y. (Nevada)

Attorney for Defendant

Cathcart, Anne B. (Nevada)

Del Papa, Frankie Sue (Nevada)

Freeman, Alexa P. (District of Columbia)

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Documents in the Clearinghouse

Document

3:94-00314

Docket (PACER)

March 9, 2000

March 9, 2000

Docket

3:94-00314

Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(2)

July 14, 1997

July 14, 1997

Pleading / Motion / Brief
124

3:94-00314

Plaintiffs' Motion for Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(2)

July 14, 1997

July 14, 1997

Pleading / Motion / Brief

3:94-00314

Memorandum Decision and Order

Feb. 28, 1999

Feb. 28, 1999

Order/Opinion

Docket

Last updated Feb. 15, 2024, 3:23 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Nevada

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 15, 1994

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates at Ely State Prison

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Ely State Prison (Ely), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Order Duration: 1996 - None

Issues

General:

Access to lawyers or judicial system

Jails, Prisons, Detention Centers, and Other Institutions:

Law library access

Visiting

Assault/abuse by staff (facilities)

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run